Asking on behalf my dad. Won't get into the details, but she's got mental issues (her kids got a court order to live with their dad) and she steals (i.e. dad got rear ended and the other insurance mailed him a check which she decided to cash). They've been married 6 years.
(1) My dad is 99% sure she's illegal. She came here legally on a visiting visa. But when that was expiring, she lied about abuse to get asylum. She got a fake birth certificate and fake police reports saying she was abused for her asylum case. Fake birth certificate says her mom is dead (when she's not), basically she didn't want to drag her mom into this mess because if the government in her country found out her daughter was making b/s abuse police reports they would probably arrest her mom too. Asked my dad if she's doing anything illegal now and he said "no, absolutely not".
If we report to ICE, do you think they would even care? She's been an US citizen for 10 years now. Obviously "abuse" is impossible to prove, but they can cross reference the birth certificate she provided on her asylum with her birth certificate on her visa or whatever else and see her asylum birth certificate is fake.
(2) My dad suspects she may have never actually divorced from her first husband. Said her husband cheated (I don't know if he cheated, in that country I think you are legally allowed to have more than one wife). Either way she felt embarrassed and came to the states. I told him if she's still married then technically it voids his marriage but he wasn't even interesting in getting a lawyer (he doesn't have one yet) to look into it. Basically said that country is so corrupt if you gave them $50 or $100 they'll do anything. Obviously if she gives a fake divorce certificate, we can very with that country. But dad made it sound like you can get a legit divorce certificate and have it back dated as long as you pay the government there. Not sure what to do here?
Don't think a court would approve of tapping her lines to see if she gets a fake. Her first husband is re-married and in the states, not sure if asking him would do anything.
(3) Is there anything else that would nullify the marriage? Not sure if we can bank on ICE deporting her. And not sure if she is/isn't legally divorced from her first marriage.
Dad makes well above 6 figures and this women has a minimum job, dad hasn't divorced because he's going to have to pay up. But said that she's becoming unbearable.